1. The MOTT’S CLAMATO Dan Needs A Garnish contest (“Contest”) begins on April 2nd, 2018 at 12:00:00 pm ET and ends on May 2nd, 2018 at 9:00:00 am ET (the “Contest Period”).
2. To enter and to be eligible to win, entrant must be a legal resident of Canada and must have reached the legal drinking age in the province or territory in which he/she resides. Despite the foregoing, employees, representatives or agents (and those with whom such persons are living, whether related or not) of Canada Dry Mott’s Inc. (the “Contest Sponsor”), its parent organization, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies and any other entity involved in the development, production, administration, or fulfillment of the Contest (collectively, the “Contest Parties”) are ineligible to enter or win.
3. NO PURCHASE NECESSARY. To enter the Contest, go to www.GarnishDansCaesar.ca (the “Website”) and follow the on-screen instructions to obtain the Official Contest Entry Form (the “Entry Form”). Fully complete the Entry Form with all required information, which may include, but is not limited to: (i) providing your first name, last name, phone number and email address; (ii) inputting a ‘garnish’ for Dan’s Caesar (each, a “Submission”), which must comply with the Submission Requirements provided below (as determined by the Contest Sponsor in its sole and absolute discretion); and (iii) signifying your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Contest Rules (the “Rules”). Once you have fully completed the Entry Form with all required information (and your Submission) and have agreed to be legally bound by these Rules, follow the on-screen instructions to submit your completed Entry Form (each, an “Entry”). To be eligible, your Entry must be submitted and received in accordance with these Rules during the Contest Period.
4. SUBMISSION REQUIREMENTS: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR ENTRY. THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES. Your Submission must never have been previously selected as a winner in any other contest. To be eligible for entry in this Contest, your Submission must meet the following specific requirements:
|Maximum Length/Size/Amount||Acceptable Formats||Content Requirements|
|No Maximum||Text Input in English or French||Follows guidelines/parameters listed below|
By participating in the Contest, each entrant warrants and represents that his/her Submission:
The Contest Sponsor and/or its designated content moderator (the “Reviewer”) will initially screen every Submission. The Reviewer reserves the right, in its sole and absolute discretion, to edit or modify any Submission, or to request an entrant to modify, edit and/or re-submit his or her Submission, in order to help ensure that the Submission complies with these Rules, or for any other reason.
By entering the Contest and submitting an Entry, each entrant: (i) grants to the Contest Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Submission, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Submission in favour of the Contest Parties; and (iii) agrees to release and hold harmless the Released Parties (defined below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action that relates in any way to his/her Submission, including, without limitation, any intellectual property related cause of action. For greater certainty, the Reviewer reserves the right, in its sole and absolute discretion and at any time during the Contest, to modify, edit or remove any Submission, or to request an entrant to modify or edit his or her Submission, if a complaint is received with respect to the Submission, or for any other reason.
5. There is a limit of one (1) Entry per person/email address per day. If it is discovered by the Contest Sponsor (using any evidence or other information made available to or otherwise discovered by the Contest Sponsor) that any person has attempted to: (i) submit more than one (1) Entry; and/or (ii) use multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Contest Sponsor. Your Entry may be rejected if (in the sole and absolute discretion of the Contest Sponsor): (i) your Entry Form is not fully completed with all required information; (ii) your Submission does not comply with the Submission Requirements; and/or your Entry Form is not submitted and received in accordance with these Rules during the Contest Period. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete, illegible or incompatible Entries (all of which are void). All Entries are subject to verification at any time and for any reason. The Contest Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry or other information entered (or purportedly entered), including, without limitation, your Submission, for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Contest Sponsor within the timeline specified by the Contest Sponsor may result in disqualification in the sole and absolute discretion of the Contest Sponsor. The sole determinant of the time for the purposes of this Contest will be the Contest server machine(s)
6. Prize: There is one (1) grand prize consisting of a trip for two (2) to Toronto, Ontario, Canada tentatively scheduled for May 17 – May 20, 2018 (the “Grand Prize”). The Grand Prize includes:
The Grand Prize winner and his/her travelling companion are solely responsible for all costs not expressly described herein, including, without limitation, as applicable, taxes, fuel/currency surcharges, meals and beverages, room service, gratuities, merchandise, telephone calls, insurance, any required travel documentation, all personal expenses of any kind or nature, and any overnight layover. Departure dates and accommodation are subject to availability and change without notice or compensation. The Grand Prize winner and his/her travelling companion are also solely responsible for all costs incurred to and from the Departure Point as the Grand Prize originates and terminates there. It is the sole responsibility of the Grand Prize winner and his/her travelling companion to obtain all necessary travel documentation, including, without limitation, passports and visas (as applicable), and to comply with any customs and immigration requirements (as applicable). The Grand Prize winner and his/her travelling companion must be able to travel at the times and dates as determined by the Contest Sponsor, in its sole discretion and authority, failing which the Grand Prize will be forfeited. It is recommended that the Grand Prize winner and his/her travelling companion obtain sufficient personal insurance prior to departure. Travel dates will be determined by the Contest Sponsor at its sole and absolute discretion. Grand Prize winner’s travelling companion must be of legal drinking age in his/her province or territory of residence in order to participate in the Grand Prize. Approximate retail value of the Grand Prize is five thousand dollars ($ 5,000.00) CDN based on a Vancouver, BC, Canada Departure Point example. In the event that the Grand Prize winner resides within a 200 km radius of Toronto, ON, Canada the Grand Prize is deemed not to include return airfare, and no cash will be provided in lieu thereof. No change in travel arrangements can be made by the Grand Prize winner or his/her travelling companion once bookings have been confirmed. The Grand Prize may not be used towards any type of frequent flyer mileage, or other reward point accumulation program. The Grand Prize winner may be required to present a valid major credit card in his/her name at the time of hotel check-in to cover any incidental expenses.
7. Secondary Prizes: There are five (5) secondary prizes available to be won each consisting of a Mott’s Clamato prize pack (the “Secondary Prize”) containing the following:
Approximate retail value of each Secondary Prize is one hundred dollars ($100.00) CDN.
A random draw to award the Secondary Prizes will be made from all eligible entries received during the Contest Period by a representative of the Contest Sponsor on May 3, 2018 at approximately 12:00:00 PM ET. The selected entrants will be contacted by email or phone within two (2) business days of the Selection Date (defined below) with further information on how to be confirmed as a Secondary Prize winner.
Odds of being selected as the potential winner of a Secondary Prize depend on the total number of eligible entries received during the Contest Period.
8. Prizes must be accepted as awarded. The Prizes may not be sold, transferred and are not convertible to cash. Contest Sponsor reserves the right to substitute a Prize in whole or in part in the event that all or any component of the Prize is unavailable. All characteristics and features of each Prize, except as otherwise explicitly stated above, are at the Contest Sponsor’s sole and absolute discretion. For greater certainty, there is no monetary value ascribed to the opportunity to meet Dan Aykroyd. Each Prize winner is solely responsible for all costs not expressly described herein. Limit of one (1) Prize per person.
9. A panel of judges (the “Contest Judges”) appointed by the Contest Sponsor will judge each Submission on the basis of the following weighted criteria:
|Creativity – original concept & innovative approach||10 Points|
|Appetite Appeal||10 Points|
|Total Score||Maximum 20 Points|
Each Submission will be given a score (each, a “Score”) by the Contest Judges based on the above criteria. The entrant associated with the Submission that has obtained the top Score will be deemed the potential Grand Prize winner. Odds of being selected as a potential Grand Prize winner depend on the number of eligible Entries received and the calibre of the Submission associated with each such Entry on the basis of the judging criteria. In the event of a tie between two or more Submissions based on total Score, the entrant associated with the Submission – from amongst all such Submissions that are tied – with the highest score on Creativity will be deemed to be the potential Grand Prize winner. In the event there is still a tie, between two or more Submissions based on the foregoing tie-breaking criterion, the entrant associated with the Submission – from amongst all such Submissions that are still tied – with the highest score on Appetite Appeal will be deemed to be the potential Grand Prize winner. Judging is scheduled to be completed on May 3rd, 2018 at 12:00:00 PM ET (the “Selection Date”).
The Contest Sponsor, acting reasonably, will attempt to contact the potential Grand Prize winner and the potential Secondary Prize Winners to notify him/her that he or she may have won a Prize by email or phone number (as determined by the Contest Sponsor in its sole and absolute discretion) within two (2) business days of the Selection Date. In the case of potential Secondary Prize Winners only, each must correctly answer a time-limited mathematical question in order to be declared a Secondary Prize Winner.
In the event that the potential Grand Prize winner cannot be contacted within the time frame noted above, he or she will be disqualified and an alternate potential Grand Prize winner may be selected at the Contest Sponsor’s sole and absolute discretion on the basis of the entrant associated with the Submission that obtained the next highest Score (in which case the foregoing provisions of this section shall apply to such new potential Grand Prize winner). Proof of identification must be provided upon request.
In order to be declared a Grand Prize or Secondary Prize winner, the potential winners, will be required to sign and return within the time stipulated by the Contest Sponsor, a full declaration and release form stating that, among other things, he/she has read and understood these Rules, grants all consents required, authorizes the Contest Sponsor to broadcast, publish, disseminate and otherwise use his/her name, city/town/village and province/territory of residence, photograph, voice and other likeness, in connection with any promotion and/or publicity, and/or for general news, entertainment and/or information purposes at no additional compensation to the potential winners, beyond the awarding of or participation in the Prize, assigns all intellectual property, including copyright, in and to his/her Submission (Grand Prize winner only) to the Contest Sponsor, waives all his/her moral rights in and to his/her Submission (Grand Prize winner only) in favour of the Contest Sponsor, agrees to indemnify the Released Parties (defined below) against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Submission (Grand Prize winner only), accepts the Prize, as awarded, and releases the Contest Parties and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof.
If a potential Prize winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) his/her Prize (as awarded) for any reason; (c) cannot travel/attend on the required dates; and/or (d) is determined to be in violation of these Rules (all as determined by the Contest Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Contest Sponsor, be disqualified (and, if disqualified, will forfeit all rights to his/her Prize) and the Contest Sponsor reserves the right, in its sole and absolute discretion and time permitting, to: (a) randomly select an alternate potential Secondary Prize winner from all remaining eligible entries received; or (b) to select an alternate Grand Prize winner, on the basis of the entrant associated with the Submission that obtained the next highest Score, (in which case the foregoing provisions of this section shall apply to such new potential Grand Prize winner).
10. By entering this Contest, each entrant automatically agrees to accept and abide by these Rules. All decisions of the Contest Sponsor with respect to any aspect of this Contest, including without limitation the eligibility of Entries, are final and binding on all entrants in all matters as they relate to this Contest.
11. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Contest Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. ANYONE DEEMED BY THE CONTEST SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST SPONSOR AT ANY TIME. The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above. In the event of a dispute regarding who submitted an Entry, the Contest Sponsor reserves the right, in its sole and absolute discretion, to deem the Entry to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the email address associated with the Entry in question. The Contest Sponsor reserves the right subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Contest Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Contest Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Contest Sponsor, subject only to the approval of the Régie reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Contest Sponsor reserves the right, subject only to the approval of the Régie, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Contest Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
For Quebec residents: Any litigation respecting the conduct or organization of this Contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
13. In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest related materials, including but not limited to the Entry Form, Website, or point of sale, television, print or online advertising, the terms and conditions of the Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English and French version of these Rules, the English version shall prevail, govern and control.
14. All intellectual property, including but not limited to trade-marks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by the Contest Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.